What to do when a will is found: probate, execution of the will, real estate registration and what an administrative scrivener can do

In short: if a will is found, first check the type and whether it is sealed. For a will requiring probate, the custodian of the will or the heir who found it must, after learning of the testator's death, submit the will to the Family Court without delay and request probate. A sealed will must not be opened outside the Family Court. A self-written will kept at home generally requires probate, but a notarised will or a self-written will kept at the Legal Affairs Bureau does not. Probate is not a procedure to judge the validity of the will. If an executor assumes office, the executor carries out the task of realising the content of the will. Yotsuba Administrative Scrivener Office collects family registers, investigates heirs, investigates the estate, organises the will and estate materials and prepares rights-and-obligations documents. It does not prepare a petition for probate, judge the validity or interpretation of a will, handle the legally reserved portion or disputes, or act as an agent for real estate registration.

When a will is found, first check the type without opening it

When a will is found, first check the type and whether it is sealed. A sealed will must not be opened outside the Family Court (Civil Code, Article 1004).

For a will requiring probate, the custodian of the will or the heir who found it must, after learning of the testator's death, submit the will to the Family Court without delay and request probate.

Under Civil Code, Article 1005, a person who fails to submit the will, executes the will without probate, or opens a sealed will outside the Family Court may be subject to a non-criminal fine of not more than 50,000 yen.

However, this does not mean that every document simply placed in an envelope must not be opened. The rule concerns a "sealed will".

If there is a will, is an estate division agreement unnecessary?

It cannot be said that "if there is a will, no estate division agreement is necessary at all".

For assets whose acquirer or division is decided by a valid will, procedures in principle follow the will. For assets not stated in the will or whose division is not decided, an estate division agreement may be necessary.

Under Civil Code, Article 908, a testator may prohibit estate division for up to five years from the commencement of inheritance. If the heirs wish to divide differently from the will, the executor, devisees, the prohibition on division and third-party relationships may become issues, so it cannot be asserted that "agreement by all always makes it possible". Consult an attorney for individual judgement.

For the basics of an estate division agreement, see Can you prepare an estate division agreement yourself?.

What differs between a self-written will, a notarised will and one kept at the Legal Affairs Bureau?

Whether probate is required differs by the type of will.

Type of will	Probate
Notarised will	Not required
Self-written will kept at the Legal Affairs Bureau	Not required
Self-written will kept at home or elsewhere	Generally required
Secret will	Generally required

For the difference between a self-written will and a notarised will, see Holograph wills vs notarised wills.

Act No. 45 of 2026 was promulgated on 24 June 2026, but as of August 2026 the will-system reforms have not fully entered into force. The optional seal requirement and related changes are scheduled to take effect within one year from promulgation, and the creation of the stored-certificate will and related changes within three years from promulgation. It is not the case that "the new system can already be used". This article is based on the current system as of August 2026.

What is probate? It is not a procedure to judge validity

Probate is not a procedure to judge whether a will is valid or invalid. Its purpose is to inform heirs of the existence and content of the will, clarify the form, additions, deletions, corrections, date, signature and other conditions of the will, and prevent forgery and alteration.

The application is made to the Family Court with jurisdiction over the testator's last address. The fee is a revenue stamp of 800 yen per will plus postage. A certificate of probate costs a revenue stamp of 150 yen per will. All heirs need not attend the probate date.

After probate, a certificate of probate is obtained for use in executing the will.

Preparation of documents to be filed with the Family Court is the domain of a judicial scrivener or an attorney, and procedural representation and disputes are an attorney. Yotsuba Administrative Scrivener Office does not prepare a petition for probate as a business.

Must a sealed will not be opened by yourself?

A sealed will must not be opened outside the Family Court. It is opened at the Family Court in the presence of the heirs or their agents.

Opening a sealed will outside the Family Court may result in a non-criminal fine of not more than 50,000 yen. If a will is found, do not open it and confirm with a specialist or the Family Court.

How to check whether a will is kept at the Legal Affairs Bureau

To check whether a will is kept at the Legal Affairs Bureau, use a certificate of the fact of will custody. This is a system to confirm whether a will is kept at the Legal Affairs Bureau.

After the commencement of inheritance, a will information certificate can be obtained. The will information certificate is a content certificate including an image of the will, and is expected to be used instead of the original in various inheritance procedures.

Heirs, devisees and executors may request it after the commencement of inheritance. A will kept at the Legal Affairs Bureau does not require probate.

What if several wills are found?

The existence of a later-dated will does not mean that all older wills are automatically invalid.

Under Civil Code, Articles 1022 and 1023, if the former will and the later will conflict, the former will is deemed revoked by the later will to the extent of the conflict. Consult an attorney for the validity, conflict and interpretation of multiple wills.

What is an executor? What does one do if designated?

An executor is a person who realises the content of the will (Civil Code, Articles 1006 to 1016). If an executor assumes office, the executor carries out the task of realising the content of the will. A designated person does not necessarily assume office.

Under Civil Code, Article 1009, a minor or a bankrupt person cannot be an executor. A qualification as an attorney, judicial scrivener or administrative scrivener is not required. Therefore, an administrative scrivener can be designated by a will and assume office. However, it is not the case that "having an administrative scrivener qualification grants special executor authority".

After assuming office, the executor notifies the heirs of the content of the will without delay, prepares an inventory of the inherited assets without delay and delivers it to the heirs. The executor manages the inherited assets and performs other necessary acts to realise the content of the will. If there is an executor, the heirs must not dispose of the inherited assets in a way that obstructs execution of the will.

What if there is no executor?

If no executor is designated or the executor ceases to exist, the Family Court may appoint an executor upon petition by an interested person.

However, it is not the case that "if there is no executor, appointment by the Family Court is always necessary for every will". The necessity of an executor differs depending on the content of the will.

Preparation of documents to be filed with the Family Court is a judicial scrivener or an attorney, and legal judgement and representation are an attorney.

Change of title of real estate by will: inheritance registration and devise registration

Acquisition of real estate by will is not always "inheritance registration". The cause of registration and application method differ depending on the wording of the will, whether the acquirer is an heir, and whether it is a devise or a gift of specific property.

Confirm based on the Legal Affairs Bureau's 2026 edition "For heirs applying for inheritance registration or registration of a testamentary gift". From 1 April 2023, for a devise to an heir, the devisee heir can apply for ownership transfer registration alone. For a devise from an inheritance commencing before 1 April 2023, if the application is made on or after that date, this single-application system may also be used.

Individual registration judgement, agency application and preparation of the application are the domain of a judicial scrivener or an attorney. For the flow of inheritance registration, see How to proceed with inheritance registration.

Wills for succession of specific property

For a will for succession of specific property, under Civil Code, Article 1014, paragraph 2, the executor may perform the acts necessary for the heir who acquired by that will to satisfy the requirements for asserting the acquisition against third parties.

However, this does not mean that "an administrative scrivener can act as a registration agent as judicial-scrivener work". Confirm individual registration practice with a judicial scrivener or another specialist.

Legally reserved portion, validity of the will and disputes

The existence of a will does not eliminate the issue of the legally reserved portion.

Claims for the legally reserved portion, testamentary capacity, formality, forgery, the effect of multiple wills, interpretation of the will and disputes between heirs and devisees are the domain of an attorney. For the legally reserved portion, see also Holograph wills vs notarised wills.

Roles of administrative scriveners, judicial scriveners, attorneys and tax accountants

Yotsuba Administrative Scrivener Office, within the lawful scope, collects family registers, investigates heirs, investigates the estate, organises the inheritance relationship, organises the will and estate materials and prepares rights-and-obligations documents.

In addition, if designated by a will, it is possible for the office to assume office as an executor. However, even when acting as an executor, the office does not perform work reserved to other professions under the Attorney Act, Judicial Scrivener Act, Certified Public Tax Accountant Act and other laws.

• Disputes and individual legal judgement → an attorney
• Real estate registration agency → a judicial scrivener or attorney
• Preparation of documents to be filed with the Family Court → a judicial scrivener or attorney
• Tax → a tax accountant
• Real estate appraisal and brokerage → Yotsuba Real Estate Co., Ltd.

Yotsuba Administrative Scrivener Office and Yotsuba Real Estate Co., Ltd. handle their work under separate businesses and separate contracts. Our office receives no referral fee.

How to proceed after finding a will in Bunkyo

Yotsuba Administrative Scrivener Office (Kohinata, Bunkyo, about five minutes' walk from Myogadani Station) guides you in stages through organising the type and content of the will, family register collection, heir investigation, estate investigation, organisation of materials for executing the will and preparation of rights-and-obligations documents.

For the flow of engagement, see Engagement Flow; for fees, see Fee Schedule; and for the whole picture, see Inheritance, Wills and Trusts.

FAQ

Q. May the family open a sealed will?
A. A sealed will must not be opened outside the Family Court. It is opened at the Family Court in the presence of the heirs or their agents.

Q. Is probate always required for a self-written will?
A. A self-written will kept at home or elsewhere generally requires probate. A self-written will kept at the Legal Affairs Bureau does not require probate.

Q. If probate is performed, is the will recognised as valid?
A. Probate is not a procedure to judge the validity or invalidity of a will. It clarifies the existence, content and condition of the will and prevents forgery and alteration.

Q. If there is a will, is an estate division agreement unnecessary?
A. Assets whose division is decided by a valid will in principle follow the will, but assets not stated in the will or whose division is not decided may require an estate division agreement.

Q. If several wills are found, is only the newer one valid?
A. If the former will and the later will conflict, the former will is deemed revoked by the later will to the extent of the conflict. The older will does not automatically become wholly invalid.

Q. What should be done if no executor is designated?
A. An executor can be appointed by petition to the Family Court. However, appointment is not always necessary for every will.

Q. Can an administrative scrivener be an executor?
A. If designated by a will and without any ground for disqualification, an administrative scrivener can assume office as an executor. However, work reserved to other professions is not performed.

Q. If a sealed will is opened by mistake, is it invalid?
A. Opening outside the Family Court alone does not immediately make the will invalid. However, it may be subject to a non-criminal fine under Civil Code, Article 1005, and if probate is required, confirm the probate procedure even after opening. Consult an attorney for the validity of the will.

Sources (Primary Information)

• e-Gov, Civil Code, Articles 908, 1004, 1005, 1006 to 1016, 1022, 1023 and 1042 onward (to the extent necessary)
• Courts, "Probate of a will"
• Courts, "Appointment of an executor"
• Ministry of Justice, "Self-written will custody system"
• Ministry of Justice, "Procedures for heirs and others"
• Ministry of Justice, "Will information certificate"
• Ministry of Justice, "Certificate of the fact of will custody"
• Legal Affairs Bureau, "For heirs applying for inheritance registration or registration of a testamentary gift" (2026 edition)
• Judicial Scrivener Act, Article 3
• Administrative Scrivener Act, current provisions
• Attorney Act, Article 72

This article is general information and does not guarantee the validity, formality, probate, execution, devise, inheritance registration, legally reserved portion or disputes of any individual will. Preparation of documents to be filed with the Family Court such as a petition for probate is handled by a judicial scrivener or an attorney; validity, interpretation, the legally reserved portion and disputes by an attorney; real estate registration agency by a judicial scrivener or an attorney; tax by a tax accountant; and real estate appraisal and brokerage by Yotsuba Real Estate Co., Ltd., each as an independent business under a separate contract. Our office receives no referral fee. Individual judgements are made by a qualified professional after a meeting. Written by Joji Uramatsu, administrative scrivener and licensed real estate broker.